If there is no appeal?

[gilo]

This happened at a recent game that I was standing at.
It is the last ball of the innings and the striker advances a long way up the wicket, misses the ball and the wicket keeper removes the bails with the striker a yard or two out of his crease.
There is complete silence, nobody appeals and everyone walks off.
With there being no appeal, the umpire is not called on to make any decision.
Is the batter out stumped or, as he claimed, not out? ( as there was no appeal, and he was not given out by the umpire)

[chiggers]

No appeal - not out. Simple

[sillypoint]

Not that simple, chiggers.

While it is correct that the umpire cannot give a batter out unless there is an appeal, Law 37.1 also says: "This shall not debar a batter who is out under any of the Laws from leaving the wicket without an appeal having been made."

In the description given by gilo it says: "…everyone walks off." I assume this includes the batters. Clearly the striker is out under the Laws—he was "a yard or two out of his crease"—so he can be regarded as having walked. He is out, in accordance with Law 37.2:
"A batter is dismissed if he/she is … out under any of the Laws and leaves the wicket as in 31.1."

[gilo]

I understand what you are saying sillypoint, such that a batter can give himself out by walking. Very much ‘old school’ these days - but there are still some of us who believe it’s the right thing to do at club level.
But, on this occasion it was the last ball of a 40 over match and everyone walked off together

[sillypoint]

Re: "on this occasion it was the last ball of a 40 over match and everyone walked off together"
That fact alters nothing. My guess is that the reason everyone walked off—without bothering to appeal or await a decision from the umpire—was not just that the last ball had been bowled, but also that the dismissal was blindingly obvious to all. Your own description of the scenario makes this clear: "the wicket keeper removes the bails with the striker a yard or two out of his crease"
If after leaving the field the batter suddenly has a rethink and questions his own dismissal, the Laws as described in my previous post cover the situation—whether intentionally or not, the batter walked off (albeit along with everyone else) in circumstances where he was correctly out stumped, as per the Laws.
The only way he could have had a valid claim would be if he refused to leave the crease—in which case there probably would have been an appeal and a decision and he'd be out anyway.

[gilo]

Thanks for your reply sillypoint
I guess there would have been no reason for an umpire to get involved at all.
If everyone (including the batter) assumed that there had been a stumping, then common sense should prevail - and a stumping should be recorded.

It does take me back to a bizarre incident in my playing days.
I was bowling and hit the batter on the pads. Thinking it was missing leg I didn’t appeal, only to turn round and see the umpire’s finger raised. I immediately appealed and he said “not out”.
“But you had your finger raised”
“Ah, but you wouldn’t have appealed if I hadn’t raised it”

Again, I guess common sense prevailed!